Page 4780 - Week 11 - Thursday, 20 October 2011
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The difficulties with this are connected to police officers needing to be able to make a judgement about whether or not a person in a car looks like they are under the age of 16. Our understanding is that the only way this scheme can work is if the onus of proof is on the defendant to prove that the person who the police officer suspects to be under the age of 16 is not under the age of 16.
There may be cases where a police officer will believe that a young person looks like they are under the age of 16 when in fact they could be 17 or 18 years of age. To quash a fine, the defendant would need to provide proof of their age, such as a proof of age card or a copy of a birth certificate, to a local police station to have the fine overturned. This process obviously exists with other such fines. The Greens appreciate that this is not the most ideal situation. However, it is difficult to see how police officers could enforce the laws if they themselves had to prove that one of the people in the car was under the age of 16.
The Greens take matters regarding strict liability offences seriously and seek to follow best practice guidelines on the construction of strict liability offences. In 2005 Dr Foskey called for clearer guidelines on strict and absolute liability offences and the legal affairs committee investigated and reported on the subject.
In conclusion, the Greens support the government’s bill today and hope that it will assist in providing children and young people with a healthier environment. This is an extremely important issue and it is good that we have this legislation today. It is difficult for children to speak up for themselves and it is our duty as legislators to assist in implementing their rights. However, I also note that I hope that the government’s education program provides specific targeting to vulnerable people who are more likely to be affected by the laws and can provide greater assistance to help them quit smoking.
MS GALLAGHER (Molonglo—Chief Minister, Minister for Health and Minister for Industrial Relations) (4.30), in reply: I thank members for their comments today on the Smoking in Cars with Children (Prohibition) Bill 2011.
This is a bill that will prohibit smoking in motor vehicles when children under the age of 16 are present. The government shares the view of many in our community that are concerned about the serious health effects tobacco smoke places on our children. Through education and regulatory measures such as prohibiting smoking in cars with children, people should re-evaluate their smoking habits for the better. If a person makes the responsible decision not to endanger children through passive smoking when in a car then a decision not to smoke around children in any environment should come more easily.
The bill represents another step in the ACT government’s move to protect the community from the dangerous effects of tobacco smoke. More importantly, the bill will help protect children in the community who lack the ability to protect themselves. Children have the least capacity to remove themselves from the harmful environment that tobacco smoke creates.
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